Terms Of Service

Thank you for viewing ClickBank Builder. This document ("Agreement") explains the software and the services that we provide and the manner that they may be used by authorized users. If after reviewing this Agreement you have questions that remain unanswered, please do not hesitate to reach us at: support@clickbankbuilder.com.

By clicking "I Agree" or by using or registering to use ClickBank Builder, you acknowledge your understanding that this is a legally binding agreement between yourself and the providers of ClickBank Builder ("Our" "Us" or "We") and that your use of the software or services (collectively "Service") is governed by and subject to the terms and conditions identified in this Agreement ("Terms"). These Terms govern Our obligations in providing the Services to any authorized subscriber or purchaser of the Service ("You" "User or "Users").

You can review the most current version of the Terms by visiting this webpage. We reserve the right to update and change the Terms by posting updates and changes to the ClickBank Builder website. You are advised to check the Terms from time to time for any updates or changes that may impact you.

1. Definitions.

a. "Authorized User" means an individual with a current subscription to the Service.

b. "Confidential Information" means any information, technical data, or know- how considered proprietary or confidential by either party to this Agreement including, but not limited to, either party's research, services, inventions, processes, specifications, designs, drawings, diagrams, concepts, marketing, techniques, documentation, source code, customer information, personally identifiable information, pricing information, procedures, menu concepts, business and marketing plans or strategies, financial information, and business opportunities disclosed by either party before or after the Effective Date of this Agreement, either directly or indirectly in any form whatsoever, including in writing, orally, machine readable form or through access to either party's premises.

c. "Content" means the definition identified in Section 3(g) below.

d. "Public Content" means the definition identified in Section 3(h) below.

2. Terms and Conditions. These Terms together with any documents referred to herein apply to your use of the Services including but not limited to use of the software and services found at app2.clickbankbuilder.com including all content, any servers, computers or networks used to provide the Services. By using the Service or accessing any webpage used to provide the Service, you agree and consent to be bound by these Terms, including any changes to these Terms or additional policies incorporated herein by reference which We may make in our sole discretion, for as long as you use the Service. If you do not agree to these Terms or the Privacy Policy identified in Section 2 below, please do not use the Service or access any websites used to provide the Services.

3. Privacy Policy. In addition to the rights or remedies created by this Agreement, you agree and acknowledge that you have read and agree to comply with Our Privacy Policy, which is specifically incorporated into these Terms.

4. Limited Right to Use the Services.

a. You are granted a non-exclusive, non-transferable, limited license to access and use the Service.

b. You agree not to reproduce, duplicate, copy, sell, resell or exploit access to the Service, use of the Service, or any portion of the Service, including, but not limited to the HTML, Cascading Style Sheet ("CSS") or any visual design elements without Our express permission.

c. You agree not to modify, reverse engineer, adapt or otherwise tamper with the Service or modify another website so as to falsely imply that it is associated with the Service, Us, or any other software or service We provide.

d. You agree that You will not knowingly use the Service in any manner which may infringe copyright or intellectual property rights or in any manner which is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or in violation of these Terms or this Agreement.

e. You agree that You will not knowingly use the Service to upload, post, host, or transmit unsolicited bulk email "Spam", spam short message service "SMS" messages, viruses, self-replicating computer programs "Worms" or any code of a destructive or malicious nature.

f. Except for the limited rights of use granted pursuant to this Agreement, You acknowledge and agrees that all ownership, license, intellectual property and other rights and interests in and to the Service shall remain solely with Us.

g. We do not review or pre-screen the contents of electronic data Users create using the Service ("Content") and We claim no intellectual property rights with respect to the Content

h. Users who configure the Service to share or make available certain Content to the public, are deemed to acknowledge and agree that everyone will have access to the Content ("Public Content"). We reserve the right, at any time, in Our sole discretion, to take any action deemed necessary with respect to Public Content that violates the terms of this Agreement, including, but not limited to, removal of such Public Content.

i. We reserve the right at any time, and from time to time, to modify or discontinue, temporarily or permanently, any feature associated with the Service, with or without notice, except that We shall provide Subscriber reasonable notice of any modification that materially reduces the functionality of the Service. Continued use of the Service following any modification constitutes Your acceptance of the modification.

j. We reserve the right to temporarily suspend access to the Service for operational purposes, including, but not limited to, maintenance, repairs or installation of upgrades, and will endeavor to provide no less than two business days' notice prior to any such suspension. Such notice shall be provided to you in advance through by way of notification within the Service, email or other notification method We deem appropriate. Further, We shall endeavor to confine planned operational suspensions with a best effort to minimize disruption to Users, but reserve the ability to temporarily suspend operations without notice at any time to complete necessary repairs. In the event of a temporary suspension, We will use the same notification methods listed in this section to provide updates as to the nature and duration of any temporary suspension.

k. You grant to Us a non-exclusive, royalty free right during Your use of the Service, to use the Confidential Information for the sole purpose of performing Our obligations under the Agreement in accordance with the Terms of the Agreement. Such rights shall include permission for Us to generate and publish aggregate, anonymized reports on system usage and Content trends and type.

l. By using the Service, you represent and warrant that you are at least 18 years old. You may now use the Service if you are under the age of 18.

5. Accessing the Service.

a. You are only permitted to access and use the Service if you an Authorized User. Authorized Users are required to provide their full legal name, a valid email address, and any other information reasonably requested by Us or the Service.

b. Each Authorized User will be provided with a unique identifier to access and use the Service ("Username"). The Username shall only be used by the Authorized User to whom it is assigned, and shall not be shared with, or used by any other person, including other Authorized Users.

c. All access to and use of the Service via mechanical, programmatic, robotic, scripted or any other automated means not provided as part of the Service is strictly prohibited.

6. Confidentiality.

a. You agree to treat all Confidential Information as confidential and not to use or disclose such Confidential Information except as explicitly permitted by this Agreement or as required by law.

b. We will not use or share any content you upload using Our Services unless such use and disclosure is disclosed in our privacy policy.

7. Security.

a. We are responsible for providing a secure method of authentication and accessing the Service. We will provide mechanisms that:

i. allow for user password management.

ii. transmit passwords in a secure format.

iii. protect passwords entered for purposes of gaining access to the Service by utilizing code that follows password management best practices.

b. You are at all times responsible for protecting the security of usernames and passwords, or any other codes associated to the Service, and for the accuracy and adequacy of personal information provided to the Service.

c. We are not responsible for the security measures or practices used by any third parties websites or services which are linked or referred to within our Service. For information regarding such parties' security practices, please consult the respective parties' security policies.

8. Subscription, Payment, and Refunds.

a. The prices We charge for Your use of the Service is identified when You register to use the Service. Please let us know if you are unclear regarding any pricing options We provide.

b. Authorized Users must provide Us (via third party provider) with a valid credit card for payment of the applicable subscription fees. All subscription fees are exclusive of all federal, state, provincial, municipal or other taxes which Subscribers agree to pay based on where the Subscriber is primarily domiciled. In addition to any fees, the Subscriber may still incur charges incidental to using the Service, for example, charges for Internet access, data roaming, and other data transmission charges.

c. Users with monthly payment schedules will be charged the first payment upon signing up and each subsequent payment will be charged 30 days after the date of the previous payment until the full price has been remitted.

d. No refunds or credits will be issued for partial periods of service, upgrade/downgrade refunds, or refunds for periods unused with an active subscription, including, but not limited to, instances involving the removal of a User.

e. The amount charged on the next billing cycle will be automatically updated to reflect any changes to the subscription, including upgrades or downgrades. Subscription changes, including downgrades, may result in loss of access to features.

f. All prices are subject to change upon notice. Such notice may be provided by an e-mail message to the User, or in the form of an announcement on the Service.

g. Users are responsible for paying all taxes associated with the subscription to the Service. If We has the legal obligation to pay or collect taxes for which a User is responsible under this section, the appropriate amount shall be invoiced to and paid by the User, unless the User provides Us with a valid tax exemption certificate authorized by the appropriate taxing authority.

h. Any and all payments by or on account of the compensation payable under this Agreement shall be made free and clear of and without deduction or withholding for any taxes. If a User is required to deduct or withhold any taxes from such payments, then the sum payable shall be increased as necessary so that, after making all required deductions or withholdings, We receive an amount equal to the sum it would have received had no such deduction or withholding been made.

9. Cancellation and Termination.

a. Users are solely responsible for canceling subscriptions. A User may cancel their subscription at any time by informing us at: support@clickbankbuilder.com.

b. We in our sole discretion have the right to suspend or discontinue providing the Service to any User without notice for actions that are in material violation of this Agreement.

10. Limitation of Liability.

a. We shall not be liable for and You waive the right to claim any loss, injury, claim, liability or damage of any kind resulting in any way from the Service provided to You by Us.

b. YOU AGREE THAT OUR LIABILITY ARISING OUT OF ANY CLAIM IN ANY WAY CONNECTED WITH THE SERVICE WILL NOT EXCEED THE TOTAL AMOUNT YOU HAVE PAID FOR THE SERVICE PURSUANT TO THE AGREEMENT WITHIN THE SIX MONTH PERIOD BEFORE THE DATE THE CLAIM AROSE. SUBSCRIBER FURTHER AGREES THAT WE ARE NOT AND WILL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING WITHOUT LIMITATION, ATTORNEY FEES) RELATING TO THIS AGREEMENT OR THE SERVICES. THESE DISCLAIMERS APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), AND STRICT LIABILITY OR OTHERWISE, WHETHER THOSE DAMAGES ARE FORESEEABLE AND WHETHER WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES. EACH PROVISION OF THIS AGREEMENT THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF DAMAGES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS OF THIS

AGREEMENT BETWEEN THE PARTIES. THIS ALLOCATION IS REFLECTED IN THE PRICING OFFERED BY US TO YOU AND IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE FROM AND INDEPENDENT OF ALL OTHER PROVISIONS OF THIS AGREEMENT.

c. IN JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, YOU AGREE THAT OUR LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH JURISDICTION. IN ALL CIRCUMSTANCES COMPANY'S MAXIMUM LIABILITY IS LIMITED TO THE PURCHASE PRICE OF THE PRODUCTS OR SERVICES SOLD. WE SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE UPON A CLAIM OR ACTION IN CONTRACT, TORT, INDEMNITY OR CONTRIBUTION, OR OTHER CLAIMS RELATING TO THE PRODUCTS OR SERVICES IT SELLS WHICH EXCEEDS THIS LIABILITY LIMIT. COMPANY SHALL NOT BE LIABLE FOR THIRD PARTY CLAIMS FOR DAMAGES AGAINST THE CUSTOMER, OR FOR MALFUNCTION, DELAYS, INTERRUPTION OF SERVICE, LOSS OF BUSINESS, LOSS OR DAMAGE TO EXEMPLARY DAMAGES, WHETHER OR NOT COMPANY HAS BEEN MADE AWARE OF THE POSSIBILITY OF SUCH CLAIMS OR DAMAGES.

d. IN NO EVENT SHALL WE, OUR AFFILIATES OR LICENSORS BE LIABLE FOR ANY (A) USE OF OR INABILITY TO USE THE SERVICE; (B) PERSONAL INJURY, PROPERTY DAMAGE, OR LOSSES OF ANY KIND, RESULTING FROM YOUR ACCESS TO AND/OR USE OF THE SERVICE; (C) UNAUTHORIZED ACCESS TO OR USE OF ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (D)TECHNICAL PROBLEMS OR INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; AND/OR (E) BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE, WHETHER OR NOT WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

e. You will at all times be responsible for any damage and/or loss of Content contained in Your technology which occurs as a result of Your electronic equipment and/or Your computer system, or the networks, computer systems, and any third party services used by You in conjunction with the Service.

11. Disclaimer of Warranty.

WE HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS WITH RESPECT TO ANY SERVICES PROVIDED BY US. YOU ASSUME ALL RISK AND RESPONSIBILITY FOR YOUR DECISION TO USE THE SERVICE. THE SERVICE AND ALL RELATED SERVICES ARE PROVIDED ON AN AS IS AND AS AVAILABLE BASIS WITHOUT WARRANTIES OF ANY KIND. NEITHER WE NOR OUR AFFILIATES OR LICENSORS MAKE ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, WE DO NOT REPRESENT OR WARRANT THAT THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR•FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

We makes no warranty that Our Service when provided to You in digital or electronic format will be compatible with Your computer and/or other equipment, or that these Services will be secure or error free. Nor do We make any warranty as to any results that may be obtained from the use of the Service. We further disclaim all warranties of any kind related to Your hardware or software beyond the warranties provided by the manufacturer of Your hardware or software.

12. Earnings Disclaimer.

We take care to accurately represent the skills, concepts, ideas, techniques and know how offered by the Service. Before using the Service, You must understand and acknowledge that there is no guarantee that you will earn any money using the techniques and ideas contained in the Service. Any past examples shown in our advertising is not to be interpreted as a promise or guarantee of earnings. Earning potential is entirely dependent on the person using our product, ideas and techniques.

Your level of success in attaining the results claimed in our materials depends on the time you devote to the program, ideas and techniques mentioned, your finances, knowledge and various skills. Since these factors differ according to individuals, we cannot guarantee your success or income level. Nor are we responsible for any of your actions.

13. Intellectual Property.

a. The Service (including but not limited to all Website information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof, or documents which may be downloaded using the Service), are owned by Us, Our licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

b. You are permitted to use the Service only for your personal use. You must not copy, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material provided via the Service, including material sold on or through the Service, except to: Store copies of such materials temporarily in RAM. Store files that are automatically cached by your browser for display enhancement purposes.

c. You must not: (i) modify copies of any materials available on or through the Service, whether or not you purchase such materials. (ii) delete or alter any copyright, trademark or other proprietary rights notices from copies of materials available on or through the Service. Reproduce, sell or exploit for any commercial purposes any part of the Service or materials obtained through the Service. If you print, copy, modify, download or otherwise use any part of the Service or materials in breach of the Terms, your right to use the Service and/or materials will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

d. CLICKBANK BUILDER, CLICKBANK and all other trademarks, names, logos, product and service names, designs and slogans are trademarks of Ours, Our affiliates or licensors. You must not use such marks without Our prior written permission. All other names, brands and marks are used for identification purposes only and are the trademarks of their respective owners.

14. Prohibited Uses.

You may use the Service only for lawful purposes and in accordance with these Terms. You agree not to use the Service: (i) in any way that violates any applicable federal, state, local and international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries),

(ii) to impersonate or attempt to impersonate any other person or entity (including, without limitation, the use of e•mail addresses associated with the foregoing), (iii) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Service, or which, as determined by us, may harm the Us or users of the Service or expose them to liability.

Additionally, you agree not to: (i) use the Service in any manner that could disable, overburden, damage, or impair the site or interfere with any other party use of the Service, including their ability to engage in real time activities through the Service. Use any robot, spider or other automatic device, process or means to access the Services for any purpose, including to monitor or copy any of the material on any websites used to provide the Service. Use any manual process to monitor or copy any of the material provided via the Service or for any other unauthorized purpose without our prior written consent. Use any device, software or routine that interferes with the proper working of the Service. Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful. Attempt to gain unauthorized access to, interfere with, damage or disrupt any part of the Service. Attack the Services via a denial•of•service attack or a distributed denial•of•service attack. Otherwise attempt to interfere with the proper working of the Service.

15. Monitoring, Enforcement, and Termination.

We have the right to take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services. We also have the right to terminate your access to all or part of the Service for any uses We in our sole discretion deem unauthorized. YOU WAIVE AND HOLD US, OUR AFFILIATES, AND OUR LICENSORS HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY US DURING OR AS A RESULT OF OUR INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY US OR GOVERNMENTAL AUTHORITIES.

16. Reliance on Posted Information.

The information presented any websites provided by the Service or otherwise provided through the Service is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other user of the Service, or by anyone who may be informed of any of contents of the Services.

17. Information About You.

All information we collect using the Service is subject to our Privacy Policy. By using the Service, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy. You represent and warrant that all data provided by you is complete and accurate.

18. Third Party Links.

If our Service contains links to other websites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those websites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to our Service, you do so entirely at your own risk and subject to the terms and conditions of use and other policies for such websites.

19. Geographic Restrictions.

The Service is owned and operated in the United States and is provided for use only by persons located in the United States. We make no claims that the Service or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Service or any of its websites from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

20. Indemnification.

To the fullest extent permitted by law, You agree that in the event a third party makes any demand or complaint, or commences any action or files any claim whatsoever (Claim) in connection with Your use of the Service, you shall defend, indemnify and hold harmless Us, Our Affiliates and Licensors ("Indemnified Parties") from and against any and all damages, liabilities, claims or costs (including the costs of investigation, defense, reasonable attorney's fees and costs) (Losses) incurred by Indemnified Parties as a result of such Claim, regardless of whether such Losses are direct, incidental, consequential, punitive or statutory.

Upon receiving notice of a Claim for which the Indemnified Parties are entitled to indemnification by You, We shall provide you with written notification and the opportunity to assume control over the defense or settlement of the Claim and reasonable assistance to settle and/or defend the Claim at your sole expense; provided, however, that

(a) any settlement which would impose a non•monetary obligation on and/or admission or finding of liability or wrongdoing by Us will require the prior written consent from Us;

(b) the failure to provide timely notice, control, or assistance shall not relieve you of your indemnification obligations; and (c) We or any other Indemnified Party may have their own counsel present at and participating in all proceedings or negotiations relating to a Claim, at their own expense, unless you fail or refuse to secure legal counsel to defend any

Claim in a timely manner, in which case you shall pay all expenses related to use of such counsel.

21. Copyright Claims.

If you believe any of the content made available via the Service or any websites used in connection therewith make unauthorized use of your copyrighted materials, please contact us a the following:

support@clickbankbuilder.com

22. Governing Law, Dispute Resolution, and Attorney's Fees.

You agree that Idaho law will govern these Terms and Your use of the Service and that any action, suit, proceeding, or claim arising out of or related to these Terms must be brought exclusively in federal or state courts located in Boise, Idaho. You hereby submit to the jurisdiction and venue of such courts and waive any objection based on inconvenient forum. YOU HEREBY IRREVOCABLY WAIVE ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, SUIT, PROCEEDING, CLAIM OR COUNTERCLAIM ARISING UNDER OR IN RELATION TO THESE TERMS OF USE.

23. Waiver, Severability, and Assignment.

Our failure to exercise any right provided for herein will not be deemed a waiver of any further right hereunder. The rights and remedies set forth in these Terms are cumulative and are in addition to any rights or remedies We may otherwise have at law or equity, except with respect to any sole and exclusive remedies expressly provided for herein.

If any provision of these Terms of Use is determined by a court to be unenforceable or invalid, the validity of the remaining parts, terms or provisions shall not be affected by that determination, and such court shall substitute a provision that is legal and enforceable and is as close to the intentions underlying the original provision as possible.

We reserve the right to assign all of our rights and obligations under this Agreement. You may not assign any rights or obligations of Your under these Terms.

24. Entire Agreement.

These Terms, together with any policies incorporated by reference into and made a part of these Terms, constitute the complete and exclusive agreement between the

parties relating to the subject matter hereof. These Terms supersede all prior Terms and all proposals, understandings and all other agreements, oral and written, between the parties relating to this subject matter.

25. Amendment.

We reserve the right to amend these Terms at any time. When We amend the Terms, we shall make reasonable efforts to provide you with general, not specific, notice of such changes by posting a conspicuous announcement that such changes or amendments have occurred and identifying which particular provisions have changed. Such announcement shall be maintained for no less than 10 days following the effective date of such amendment. Your continued use of the Service following the posting of such amendment will be deemed your assent to and acceptance of the revised terms. You agree that you have the burden to review periodically this webpage to inform yourself of any such changes.

If you have any questions, please contact us at support@clickbankbuilder.com.